Judges: PER CURIAM. —
Attorneys: Knight, Thompson Turner and Wm. H. Malone, for Plaintiff in Error;
Arthur Gomez, for Defendant in Error.
Filed: Sep. 23, 1931
Latest Update: Mar. 02, 2020
Summary: In an action for wrongful death, the jury rendered a verdict for $40,000.00 damages. The trial court suggested a remittitur of $15,121.42, and upon such remittitur being entered, rendered judgment against the defendant for $24.878,58, being $12,878.58 for financial loss and $12,000.00 for solatium to the widow of the decedent. While the evidence indicates negligence of the defendant company in not having its wires properly insulated, the testimony and physical facts show negligence of the decede
Summary: In an action for wrongful death, the jury rendered a verdict for $40,000.00 damages. The trial court suggested a remittitur of $15,121.42, and upon such remittitur being entered, rendered judgment against the defendant for $24.878,58, being $12,878.58 for financial loss and $12,000.00 for solatium to the widow of the decedent. While the evidence indicates negligence of the defendant company in not having its wires properly insulated, the testimony and physical facts show negligence of the deceden..
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Upon further consideration of the record herein upon a petition for rehearing it is ordered and adjudged that the remittitur authorized by the original opinion
herein, 136 So. 639, shall be ten thousand dollars so that the judgment shall stand affirmed for $14, 878.58 as of the date of the judgment; otherwise the judgment shall stand reversed for a new trial.
It is so ordered and a rehearing is denied.
BUFORD, C. J., and WHITFIELD, ELLIS, TERRELL and DAVIS, J. J., concur.
